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Federal Gazette & Baltimore Daily Advertiser 1807/07-1807/12 msa_sc3722_2_6_2-0237 Enlarge and print image (5M) |
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Federal Gazette & Baltimore Daily Advertiser 1807/07-1807/12 msa_sc3722_2_6_2-0237 Enlarge and print image (5M) |
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jmi-'Ti "w?
The opinion, I
construed to mean, that any assemblage
whatever for a treasonable purpose, vvhsthei
in f. rce or not in force, whether in a con-
dition to use violence o. not in that' condi-
tion, is a levying of war. It is this Con-
struction, which has not indeed been ex-
pressly advanced at tbe bar. but which is
said to have been adopted elsewhere, that
the court deems it necessary to examine.
Independent of authority, trusting only
to the dictates of reason and expounding
terms according to their ordinary significa-
tion, « e should probably all concur in the
I « declaration, that war could not be levied
without the employment and exhibition of
force. War is an appeal from reason to
the sword, and he who makes the appeal evi-
dences the fact by the use of the means.
Kis intention to go to war may be proved
by words, but the actml going to war is a
fact which is to be proved by open deed.
The end is to be effected by force, and it
would seem that in cises where no declara-
tion i3 to be made, the state of actual war
could only be created by the employment of
force, or being in a condition to employ it-
But the term having been adapted by "iir
constitution, must be understood in that
sense in which it was universally received
in this country when that constitution «ras
framed. The sense in which it wasreceivedit
to be collectedfrom the most approved authori-
ties of that nation from which we have bor-
rowed ihe term.
Lord Coke says, that -levying war against
the king « as treason at the common la v.
" A compassing or conspiracy to levy war
(he adds) is no treason for there must be a
levying of war in fact." He proceeds to
statecasMs of constructive levying war, where
the direct design is not to overturn the go-
vernment, but to eftect some general object
by force. The terms he employs in stating
these cases, are such as indicate an impres-
-,* sion on his mind, that actual violence is a
necessary ingredfent in constituting the fact
of levying war. He then proceeds to say,
* an actual rebellion or insurrection is a le-
vying °f war within this act." " If any
with strength and weapons invasive and tie
fensive doth hold and defend a castle or fort
against the king and his power, this is le-
vying of war against the king." These
cases are put to illustrate what he deno-
minates " a war in fact." It is not easy to
conceive " an actual invasion or insurrec-
tion," unconnected with force ; nor can a
«' castle or fort be defended with strength
and weapons invasive and defensive," with-
out the employment of actual force. It
• would seem then to have beeri the opinion
of lord Coke, that to levy war there must be
an assemblage of men in a condition and
with an intention to employ force. He cer-
tainly pats no case of a different description.
[To be continued.^
German princes in the north ; of the exten-
sion of tbe confederation of the Rhine to
the Elbe, &c. It is said also that the king-
dom of Poland will be re-established and
given to a French prince ; and that Russia
will engage to renounce for ever all authority
over Moldavia, Wall.ichia, and several other
neighboring Turkish provides.
MILTZOVV, July 16.
The French are before the gates of Stral-
snnd ; marshal Bruno's, head quarters are here.
The king of Sweden lias proposed an armis-
tice in order to negociate a peace ; but re-
ceived for answer, that this proposal cannot
be acceded to unless a guarantee be given,
and that guarantee must be Stralsund.
/
BY THIS D VY's MAILS.
ALTONA, July 22.
The following says aprivate, Iclteryoumay
depend upon it, is the substance of the con-
ditions ol the treaties between France, Rus-
sia and Prussia :
" Russia will not lose anything, and no
cessions are demanded from Austria.
" There is to be no kingdom in Poland :
but Warsaw, and a district round it of
about 50 or 60 miles, is to be erected into
a Duchy. Jerome Bonaparte is spoken of
as the new duke.
" Prussia is to lose all her territories on
this side the Elbe : and Westphalia and
Hanover will, it is supposed, be erected in-
to a kingdom, of which Jerome Ronaparte
will be king, as well as the duke of Poland-
*' Dantzic is to be a free Hanse town."
DRESDEN, July 10.
[Private Ie!ter.~^
The following are said to be the funda-
mental stipulations of the peace concluded
between Rassia and France :
1. The boundaries of the Duchy of War-
saw shall be determined as well as
2. That . f the territory of the Free Han-
se town of Dantzic ; the latter are to be
marked two miles round the town by the
French, Dantzic, Sclavonian, and Prussi-
an arms.
3. The boundaries of the kingdom of
Westphalia shall also be defined.
4. Tilsit shall be evacuated by the French
hoops on the 20th July, and
5. Konigsbnrg the 25th July.
6. Before the 1st August, East Prussia,
as far as the Passarge.
7. Before the 20th as far as tb.3 Vistula.
8. Eefore the 5th September, as far as
the Oder, and
9- All other royal, Prussian Dominions,
as far as the Oder, as well as Silesia, by the
1st October.
10. The Province of Magdeburg on the
right of the Elbe, Basewalk, and Prentnow,
shall not be evacuated until the 1st No-
vember.
11. With regard to Stettin, the time of
its evacuation shall be determined by
the Plenipotentaries ; until the evacuation
shall be occupied by 6000 French troops.
12. Spandau, Caustrin, and all the for-
tresses in Siiesia shall be surrendered to the
Piussianson the 1st October.
All the other points yet to be arranged
shall be settled by the Plenipotentiaries to
be appointed by both contracting parties, who
are to meet at Berlin, on the 25;h July, on
condition that the contribution demanded
be paid to the French.
NOBKMBEHG, July 16.
There is a ulk of a confederation of the
Korthf'to be estsblised under the protection
cf Russia ; of indemnification of sewerai
LONDON, July 26.
Bonaparte is stated to have arrived at Ko-
nigsburg on the 11th, from whence he was
to proceed to Berlin, and thence by way of
Dresden and Alentz to Paris. The emperor
Alexander and the king of Prussia remained
at Til,it, but it is added, that both monarch.;
had promised to visit Napoleon at Paris.
The French are stated to have lost be-
tween 30 and 40,000 men in the battle of
Friedland.
Austria, it is said, has been called upon to
cede the two Gallicias ; and it is-reported
that the Grand Duke Constantine is to be
established in Poland.
Peace, was signed at Tilsit on the Sth inst.
between the emperor of the French and the
emperor of Russia.
The treaty of peace between France and
Prussia was signed on the 9th July, and ra
tiiied the following day.
.July 27.
About noon yesfeMay the fleet assembled
in Yarmouth Roads, and supposed to be in-
tended for the ! sdtic got under weigh.
The trorps which are already embarked or
under orders, amount to 20,Q0Q men. The
fotce already in the ..aide amounts to 10 or
12,000.
July 31.
Considerable sensation was excited yes
ttrday by a report that the emperor U'x>
an'der had accepted the order of the French
legion of honor.
The grand duke Constantine, prince Ku-.
rakliii, and general Bennigstn, have also
been presented with the insignia ;of Bona
parte's order.
The embargo which was laid on for eigWt
days, for the purpose of obtaining seamen,
was taken off this morning in the port of
London. We should suppose from this,
that the expedition had sailed.
Lord Cathcait passed the Sound on the
14th, and proceeded direct to Stralsund.
An engagement has taken place between
the Russian and Turkish tquastrons off the
island of Tenedos ; and we suspect to tha
disadvantage of the latter.
It is reported that a successor to the ho-
norable admiral Berkley, will immediately
set out to the American station. He, how-
ever, is to take with him a formidable aug-
mentation to our naval force on that station.
LIVERPOOL, August 1.
The intelligence received this week from
the coast of America, has excited a great
degree of agitation in all parts of the nati-
on, and especially in the commercial towns.
It is certain that no accident could be more
perverse or ill-timed. At all events it may
tend to bring on a speedy decision of the
existing dispute on which the two nations
are now at issue. The " right of search''
is supposed to be the great stumbling block
which caused the rejection of the treaty by
Mr. Jefferson, and it is a point on which the
two nations are supposed to be equally per;
tinacious.
Some hopes are now. entertained that this
affair will not inevitably lead to hostility.—
If captain Humphreys proceeded on tiie po
sitive instructions of our government, we
should despair of seeing the dispute amica-
bly accommodated ; but it is clear from the
expressions of Mr. Perceval in the house of
commons, that this was not the case.
BOSTON, September 5.
Arrived, sh:p sally-,\.nn. Glover, 32 days
from Liverpool, .Ship George Augustus,
Jackson, !or oston, sailed 20ih July ; Ce-
ns,do.2ist ; Manchester- Philadelphia, 24th
Manchester Packet, N. York, 84th; Hercu-
les, Madeira, do. Sailed in cc> with ships
Ceres, for Boston ; Ganges, Philadelphia ;
Ithoda and Betsey, New-York ; John and
..lice. Philadelphia; Mars. N. York; Ty-
conic, Boston ; Philadelphia, Phil- Left at
Liverpool, Diana, f f Baltimore i5th Aug.
Indian Chief, do. do.; Banton, do 20th ;
United States, do. 15th ; [with many others
reported by the late arrivals ]
NEW-YORK, September 8.
Arrived, the ship Minerva, Jenkins, 70
days from St. Petersburg, and 62 from El-
sineur, hemp duck and iron. 35 miles be-
low St. Petersburg, spoke the ship Pocohan-
tes, of Boston. July 8, abreast of the
Skor, spoke the ship Eliza-Ann, Cox, for
New-York. August 31, 15 leagues to the
eastward of Nantucket Shoals, spoke the
ship Mary, from Martinique, and last from
Nevis, from which port she had been driven
by a gale while the captain and two men
were ashore with the ship's papers. She
was out 11 days, bound to Newburyport,
with most of her sails tofn in pieces. Capt.
J. was boarded by the Squirrel, and treated
politely
The ship Commerce, Webb, to
fromPoint-Petre, GuadalbnpS, coffee, sugar
and cotton. Aug. 23. lat. 26, 40. long.
55, 30, spoke sch'r Morning Star, Wey-
man, 25 days from Boston for Havana'
The brig Hannah, Fanning, 68 days
from Amsterdam, gin, cheese, iron, dry
goods, Sec. Tiie ship Orion, M'Millen,
of New-York, sailed, June 27 tor St.
Petersburg ; the ship Columbus, Place, of
do. sailed June 26. Left July I, ship,
Mechanic, Bagley, of Charleston, for Phi-
ladelphia, Bell Savage, Jones, Charlotte,
Sinclair; Native, Young ; Arcturus. Hal-
stead ; Concordia, Johnson, in 6 days for
St. Petersburg; Elisabeth, Fordham ; O-
thello, Hempton ; Grace, Brown ; Eliza
Sproat, Kempton ; Uncle Toby, Par, 6
d ys from St. Ubes ; and ship Logan. My-
rick, all of New.-Y./rk the latter to sail in
6 days ; and others, befoie reported.
Spoke off Start Point, brig Thomas, Samp-
son of Duxbury, from London for St.
Ubes, and ship Washington, Webster,
of Newbsryport, from London, for Lisbon.
July 21, iat. 44, 55, long. 29, spoke brig
New-York of Ne.v-York, from Savannah
for Bordeaux.—August 6, lat. 41, 58,
long. 44, spoke ship Thomas Wilson
Talbot, Philadelphia, from New-Orleans
for Antwerp, August 27, spoke going in-
to Halifax, the British Packet Lord Hobart,
40 days from Falmouth. Aug. 31, spoke
the ship Brothers, Dingley, of Duxbury,
54 days from Liverpool for City Point—
Capt. D. had spoken to the eastward of the
Grand Bank, the ship Elizabeth, 14 days
from New-York for Ireland ; and the ship
C ito, from New-York, in long. 49.
Tne schr. Newbsrn, Shar ard, 7 days
from Newbern, naval stores and c .tton.
The schr. American Lady, I'ettes, 10
days from Richmond, and four d iys from
the Roads. Three British ships of war
were si ill at the Capes.
The schr. Betsy and Patsey, Case, from
N. Carolina, Sningles—an-j sclu. Hunter,
Deo we, from do. stav ¦'.
The schooner Moranda, Bun, 9 days
from Cha.ie-.ton, su^ar.
T .e si op George, Fowler, from Wil-
mington- Del. corn meal.
The sloop Nancy and Peggy, Wuite,
hvm North Carolina slaves.
The British sloop Dove, Qtjigley, 19
day., from Annapolis-Royal, fish and plais-
t er of fans.
Cleared—ship Susan and Sarah, Bates,
East-Indies ; brig Virginia, Smith, Mala-
ga ; schr. Akros, Seiby, Guadaloupe.
PHILADELPHIA, September 9.
> Arrived at the Lazaretto brig Alexander,
Gar < ood, Maracaibo, c flee, cocoa, &x.
Cleared sciis. Alliance, Roche, Rich-
mond ; Enlerprize, Young, Charleston ;
Eagle, Hail, Frenchman's Bay.
For Amsterdam,
. *X$>\ Tlu* fim" *a*t»nUinR Ship
JEftAL GAZETTE.
THURSDAY, SEPTEMBER 10.
SHEPHERDESS,
C ipt John Nehris ;
in complete Order to receive
a bargo, part of which is already efijjagerj —
For- freight applv to
LEVERING & NELMS, or
U. L THOMAS, Ship Brokor.
_ Sept 30. ________ eo
I'or Amsterdam,
The Ship VIRGIN,
William Auld, master ;
'¦'. ZEjf^ Part of her cargo being en-
gaged, the residue will be
tak"n on moderate terms, if immediate ap-
plication is made to
J. OGLF.liY fc !). WINCHESTER, or
DANIEL HOiVLANl).
Se.pt I:,'. ___________ d'Ot
For New-Orleans,
r'jf- The Schooner
THREE SISTERS,
Matthias Rich, toaster;
Considerable part of her car-
vo being enga<1jed, she will be dispatched im-
mediately For freight of the. remainder or
\ apply 0 the captain on hoard, in Fre-
derick street dock, or to
FALLS k BROWN.
Sept. TO. ___________'lit
IV
ai el lor >an ,
) first q ality wlnto Cl.iyd Mtar
5 Unique Sig-ur, entitled to draw
Jus 1 re
r. 1
39 Wtls.
hack,
lo5 lib Is d- . brown do.
IS llhds. 4 iscovado,
TO h.urs Green Guadaloupe Coffee
BHlCv)ii St PA.RTRIDGE.
Sept 10. _ 2uw3w
Nails,Carriage Furniture Xc.
Received pel- ships CSanawa antl F.ime, from
I.lv . poo .
20 casks 6d F a' Point Mails,
0 do. 8 . do do
20 do. .Ud 11 . 16.
20 do. SOd do 1 I
1 c:-.*c* Cu-ii.o.-f Piated Moulding,
1 cast- Carriage and Harness Mounting &.
Lam;1;,
1 cask Carriage Spring' . assorted.
AlsO'in hifi d,
3 cases best 6 i:t;t Mill Saws,
4 do do 7 feet P:U Saws,
3 do |